®Planning appeal decision
Dismissed23 March 20233278555
Park Barn Farm, Wisley Common, Woking, Surrey, GU23 6QS
use of the land and buildings for ancillary residential purposes (Use Class C3) in connection with the lawful use of the three dwellinghouses
- Authority
- Guildford Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Jones R
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the land and buildings materially changed to use for ancillary residential purposes in connection with the three dwellinghouses at least ten years before 18 August 2010 and continued without material interruption for at least ten years thereafter to meet the immunity period from enforcement action under s171B(3) of the 1990 Act
What decided it
The appellants failed to demonstrate on the balance of probabilities that the land and buildings were used for ancillary residential purposes for a continuous ten-year period prior to 18 August 2010, as the evidence was either temporally insufficient or spatially imprecise.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.